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IN RE UNITED STATES

No. 21-56358.

67 F.4th 1006 (2023)

IN RE: UNITED STATES of America v. 6.03 Acres of Land in the County of Santa Barbara, State of California, et al., Kimball-Griffith, L.P., Plaintiff-Appellant, v. Brenda Burman, in her official capacity as the Commissioner of the United States Bureau of Reclamation; Scott McGolpin, in his official capacity as the Head of the County of Santa Barbara Public Works Department and Director of the County Water Agency; Das Williams, Santa Barbara County Board of Supervisor, individually in his official capacity as policy maker for the Santa Barbara County Water Agency and as Purchaser of Emergency Road Access Easement; Gregg Hart, Santa Barbara County Board of Supervisor, individually in his official capacity as policy maker for the Santa Barbara County Water Agency and as Purchaser of Emergency Road Access Easement; Bob Nelson, Santa Barbara County Board of Supervisor, individually in his official capacity as policy maker for the Santa Barbara County Water Agency and as Purchaser of Emergency Road Access Easement; Joan Hartmann, Santa Barbara County Board of Supervisor, individually in her official capacity as policy maker for the Santa Barbara County Water Agency and as Purchaser of Emergency Road Access Easement; Steve Lavagnino, Santa Barbara County Board of Supervisor, individually in his official capacity as policy maker for the Santa Barbara County Water Agency and as Purchaser of Emergency Road Access Easement; Cachuma Operation and Maintenance Board; Ernest Conant, in his official capacity as the Regional Supervisor for the BOR Region 10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn January 18, 2023.

Resubmitted May 4, 2023 Pasadena, California.

Filed May 10, 2023.

Attorney(s) appearing for the Case

Michael M. Berger (argued), Manatt Phelps & Phillips LLP, Los Angeles, California; John K. Dorwin , Buellton, California; for Plaintiff-Appellant.

Matthew J. Barragan (argued) and Kevin B. Finn , Assistant United States Attorneys; David M. Harris , Assistant United States Attorney, Civil Division Chief; E. Martin Estrada , United States Attorney; Office of the United States Attorney; Los Angeles, California; for Defendant-Appellee Brenda Burman.

Callie Patton Kim (argued), Deputy Assistant General Counsel; Rachel Van Mullem , County Counsel; Office of the Santa Barbara County Counsel; Santa Barbara, California; for Defendants-Appellees Scott McGolpin, Das Williams, Gregg Hart, Bob Nelson, Joan Hartmann, and Steve Lavagnino.

William W. Carter (argued), Musick Peeler & Garrett LLP, Los Angeles, California, for Defendant-Appellee Cachuma Operation and Maintenance Board.

Before: MILAN D. SMITH, JR., DANIEL P. COLLINS, and KENNETH K. LEE, Circuit Judges.

OPINION

This case arises from a dispute concerning access to a maintenance road on federal land. In the 1950s, the United States condemned a tract of land adjacent to what is now Appellant Kimball-Griffith's property, including land underlying a maintenance road, which was later closed to the public. In 2020, Kimball...

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